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I am a felon. I wanted to know what needs to be done to expunge my record.

Gloucester Point, VA |

habitual offender, three domestic violence charges, theft of government prop, mis charge of marijuana and a DUI

Attorney Answers 3


  1. If your charges were in Virginia--nothing. There is no process for expungment in Virginia except for those who are innocent of the charges.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice before the state and federal courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


  2. If you pled guilty or were found guilty of any charge (misdemeanor or felony) you are not eligible to seek an expungement. If you are a convicted felon you may petition the governor for your restoration of rights: the right to vote, to run for public office, to serve on juries, and to serve as a notary public.

    You may also seek a pardon from the Governor. But be aware that it does not result in an expungement of your convictions.

    You may find more information on the restoration of rights process and pardons on the website for the VA Secretary of the Commonwealth (link attached).


  3. Expungement in Virginia is only available when you have been acquitted of a charge or when a charge resulted in a dismissal by the court or a nolle prosse by the Commonwealth. Otherwise, there is nothing you can do to remove those convictions from your record.

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